Catholic Parish of St Brigid Marrickville v Habib as Executor of the Estate of the late Tereza Efram

[2022] NSWSC 1139

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. SUCCESSION — WILLS — INTERPRETATION — testatrix gifts “my principal place of residence” to her local church — financial management order made with respect to the testatrix under the NSW Trustee and Guardian Act 2009 (“TAG Act”) — testatrix becomes a “managed person” under the TAG Act — testatrix placed into permanent care away from her residence before her death due to her infirmity — the NSW Trustee and Guardian (“TAG”) sells the testatrix’s residence and proceeds of sale partially used to fund her permanent care — whether the gift is a specific or general gift — whether the gift would be adeemed by the TAG’s sale of the residence — whether TAG Act, s 83 saves the gift from ademption — in the alternative what directions should be made for the administration of the residue of the estate in circumstances where the residuary beneficiaries cannot be found.